
BNS Section 123 | Anticipatory Bail Granted When Contraband Not Found in Accused’s Premises & Section’s Validity Pending Before SC : Bombay HC Nagpur Bench
The Bombay High Court granted anticipatory bail to an accused in a food safety case where the alleged contraband was recovered from a co-accused’s premises, not his own, and the legal validity of BNS Section 123 remains under Supreme Court review. This ruling reinforces that mere association through disclosure, without physical possession or direct evidence, cannot justify pre-arrest detention - especially when the statute’s applicability is unsettled, protecting individuals from speculative prosecution under untested provisions.
